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Chapter 7 Environmental Management Master Plan

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  • Chapter 7

    Environmental Management Master Plan

  • The Master Plan Study on JICA Integrated Environmental Management in Baku City in Azerbaijan Republic KOKUSAI KOGYO CO., LTD.

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    7 Environmental Management Master Plan

    This chapter presents the improvement plans for the BCE/SCE in different environment fields that are covered by them. Each section below consists of sub-sections that describe where the BCE/SCE should go by 2010, what has to be done, and what will be the required size of investment for achievement.

    7.1 Air Protection

    7.1.1 Directions

    a. Point Sources (factories etc.)

    The SCE will develop policy and legislation, whilst the BCE will monitor and control the polluting activities in Baku, as they do at present. By 2010, The BCE should:

    • control pollution sources in a systematic and efficient way with documents provided by the sources and a revised inspection system;

    • not only penalise pollution sources but encourage them positively to introduce environmentally friendly operation;

    • not only control pollution sources but pay attention to overall ambient air quality.

    b. Mobile Sources

    The SCE will develop policy and legislation. The BCE will monitor air pollution from mobile sources.

    The environmental impacts of mobile sources result from the poor condition of vehicles and the stagnation of traffic flow. The former is controlled by Ministry of Internal Affairs and the Police, whilst the latter is a matter of city planning in the responsibility of the BEP.

    The SCE, (or MOEP after the reform of government including SCE and Hydromet) and the BCE should understand the scale of environmental impacts caused by car exhaust and work out necessary policies that will be followed by the relevant authorities mentioned above.

    7.1.2 Strategies

    BCE/SCE Other Organisations Work Work Organisation

    PHASE I: 2001 - 2003 1. To start to introduce anti-pollution

    measures and CPT following the BCE/SCE’s recommendation.

    Factories

    Relevant Ministries

    2. To formulate a traffic improvement plan for smooth traffic flow.

    BEP

    Road Police

    1. To improve the inspection of factories by referring to documents.

    2. To strengthen the inspection of factories with large environmental impacts.

    3. To encourage factories to introduce anti-pollution measures and CPT by developing financial and technical support systems.

    3. To assist vehicle owners to equip vehicles with exhaust pollutant reduction devices.

    Relevant Organisations

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    BCE/SCE Other Organisations Work Work Organisation

    4. To review a system obliging vehicle owners to periodically obtain an official approval of mechanically and environmentally satisfactory vehicle conditions.

    Police 4. To strengthen the inspection of mobile sources.

    5. To establish a new monitoring station to monitor air quality influenced by car exhausts.

    6. To support Hydromet to review its monitoring system.

    7. To raise computer skills of department staff for GIS data input and data presentation.

    5. To rearrange the air monitoring system.

    Hydromet

    PHASE II: 2004 – 2006 1. To extend anti-pollution

    measures and CPT following the BCE/SCE’s recommendation.

    Factories

    Relevant Ministries

    2. To introduce the license issue process for vehicle repair shops.

    Relevant Organisations

    1. To present practical recommendations to all factories if necessary.

    2. To promote air pollution control industry

    3. To revise the fines on polluting vehicles. 3. To implement the traffic

    improvement plan. BEP

    PHASE III: 2007 - 2010 1. To apply the emission standards strictly

    to existing factories which are changing or expanding their operations.

    2. To abolish fines on polluting vehicles.

    3. To restructure the air monitoring system.

    1. To extend anti-pollution measures and CPT following the BCE/SCE’s recommendation.

    Factories

    Relevant Organisation

    The works to be done by the BCE/SCE are explained in detail below.

    Phase I.

    Point sources:

    1. The BCE should monitor the pollution sources and the source documents. The SCE/BCE should establish a system in which all the pollution sources are obliged to submit three copies of an environmental passport and normative documents. After approval, one of them will be kept at the SCE, another at the BCE and the other will be returned to the factory.

    The GIS established at the BCE contains the information on environmental passports. It should be updated with new data obtained through monitoring.

    2. In order to utilise limited resources at the BCE efficiently, the BCE should focus on inspection of major polluters. A revised inspection scheme will be as in a.1 of Section 3.1.3.

    3. The BCE should present proposals to reduce environmental impacts at factories which are significantly polluting (Groups A and B, see below). The expertise of Academy of Sciences, Oil Academy, universities and other relevant institutions should be involved. Using the Environmental Fund and/or Oil Fund as capital, the BCE should introduce a soft loan scheme in

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    which factories can borrow funds to equip themselves with anti-pollution facilities and/or cleaner production technology.

    Mobile sources:

    4. The control of mobile sources must be strengthened by starting with imported vehicles. The SCE should work for the enforcement of existing legislation which prohibits the importation of vehicles not complying with the car exhaust standards. The BCE should also work with other bodies to ensure that vehicle maintenance standards are enforced to minimise the emissions and their effects.

    5. The existing air monitoring stations monitor the ambient air quality that is influenced by point sources and mobile sources. A new air monitoring station which specifically monitors the impacts caused by car exhaust must be established. Items to be monitored include NO2, SPM, HC and CO.

    General:

    6. The present air monitoring approach by Hydromet requires improvement in terms of measurement accuracy, even at the expense of lowering the scale of monitoring. The replacement of measurement equipment, reduction of the number of monitored items and monitoring stations, and reduction of monitoring frequency should be examined. The BCE has to assist the Hydromet to review its monitoring system.

    7. The staff must obtain computer skills to use and update data in the GIS.

    Phase II.

    Point sources:

    1. The BCE will make suggestions to reduce environmental impacts given by factories in Group C (see below), if necessary.

    2. The BCE should encourage some of the machinery factories in Azerbaijan to produce pollution control facilities, although there will be difficulties in terms of technology and patent which can be very expensive when they are imported. Furthermore, law enforcement by the BCE should promote market demand for pollution control facilities for the development of such industry.

    Mobile sources:

    3. The exhaust tests of the team revealed that a great number of vehicles emit CO more than 2% of exhaust, not complying with the standard. There is little incentive for the offenders to improve exhaust since fines are too low. The SCE must raise fines to encourage car owners to improve exhaust or to refrain from driving polluting cars. These fines should be increased regularly at a rate greater than domestic price inflation to act as an increasing deterrent.

    Phase III.

    Point sources:

    1. In cases where existing point sources are changing or expanding their operation and will not comply with the normative permissible emission standards, the BCE should force them to change their plans or close them.

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    Mobile sources:

    2. The current exhaust control system obliges the car owners to have exhaust test once or twice a year and to pay fines on violation. The BCE/SCE, together with Ministry of Internal Affairs, should revise this system to oblige all the vehicle owners to have an exhaust test once a year. If violation is found, the SCE/BCE gives the owner a warning, instead of imposing fines, and the car must not be used on receiving three warnings.

    General:

    3. As the establishment of the MOEP is expected by this phase, the monitoring system currently executed by Hydromet comes under the MOEP and will need restructuring.

    7.1.3 Monitoring

    Monitoring, in a broad sense, is of two types. One is the inspection of pollutants at pollution sources and the other is monitoring in a narrow sense to see whether the air quality is good enough for human health and the environment.

    a. Point Sources (factories, etc.)

    a.1 Inspection of Point Sources

    Emissions to air must in principle, be controlled by factories. Inspections by the BCE will have two schemes: one for major polluters and the other for minor polluters.

    According to the factory survey undertaken by the team, there are 9 major factories which emit high volume gas, SOx, NOx or Dust, and 38 factories which give some impact to the environment by emission of air pollutants. Therefore those 9 factories are regarded as major polluters in the city and categorised in Group A and 38 factories are in Group B. Others will be in Group C.

    This categorisation of factories should be reviewed every year.

    Group Definition

    A 9 factories with large environmental impacts

    B 38 factories with some environmental impacts

    C Others

    a.1.1 Inspection at Factories in Group A and B

    Factories in Group A and B will be obliged to update data and control emission themselves. The BCE will visit factories in Group A twice a year and factories in Group B once a year and inspect their operations, their data keeping practices, conformity to the emission standards and, if necessary, their processes of emission measurement. If it is proved that a factory does not control emission properly, BCE brings equipment into the factory and practically measures concentration of emission gas. On the result of measurement, BCE may order the factory to improve the management of emission control.

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    If the factories do not possess measuring equipment to prepare their data of emission, they should request that the BCE or other organisations that are approved by the SCE/BCE measures emission gas at the company’s expense.

    a.1.2 Inspection at Factories in Group C

    Factories in Group C will be inspected once in three years referring to the environmental passports and normative documents, which are revised every three years. Additional inspection will be made in cases where an environmental accident takes place or the BCE receives enquiries from the factory or residents.

    a.2 Monitoring of Ambient Air Quality

    Until Hydromet’s monitoring operations are integrated within the SCE (MOEP), the BEC/SCE must develop a system to obtain, on a regular basis and free of charge, the monitoring data obtained by the Hydromet.

    b. Mobile Sources

    b.1 Inspection of Mobile Sources

    The Ministry of Internal Affairs and the Police are responsible for controlling and inspecting mobile sources. The BCE should request that the Ministry of Internal Affairs ensures it conducts appropriate exhaust tests at the same time as they conduct the regular vehicle inspections. Consolidated results should be sent to the BCE so that the BCE understands the significance and impact of exhaust problems.

    b.2 Monitoring of Mobile Sources

    The impacts given by car exhausts are monitored at the newly established monitoring station (item 5 of Phase I).

    7.1.4 Law Enforcement

    Any system of legal sanction or control will require accurate and consistent measuring practices, judged against relevant and appropriate standards. The BCE lacks the necessary equipment to conduct the full range of measures.

    It is also important not to apply different standards to ostensibly similar operations, for example by placing a heavier burden on new installations than apply to the old ones. Costs of retro-fitting to prevent air quality damage are often three to five times higher than the cost of new equipment. A system of financial incentives, backed by enforcement measures would be appropriate (i.e. if a company receives financial support, it must then maintain the emissions within the agreed limits or face higher sanctions).

    The BCE should work closely with the SCE and the Ministries of Finance and Economy to prepare new legislation based on an integrated approach which promotes the use of cleaner production techniques, requires polluter self monitoring and requires all new pollution sources to be licensed. This must be undertaken in parallel with corporate sanctions which enable the BCE to issue suspension orders pending adjudication by a competent court to prevent ongoing pollution.

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    7.1.5 Data and Information Management

    Information in the currently available environmental passports has already been entered into the GIS. The results of factory inspections must be added to the database and the BCE should be able to trace the past record of each factory.

    The GIS also contains the air monitoring data, which should be updated and added to with data from a newly established station.

    7.1.6 Investment Plan

    • Office equipment such as a personal computer, etc.

    • Air quality monitoring station.

    • Personal computers.

    • Equipment for the inspection works such as vehicles, sampling tools, etc.

    • Computer training for the staff; may need to hire instructors. Foreign experts may need to be dispatched.

    7.1.7 Personnel Plan

    Present Phase I Phase II Phase III

    Management 1 1 1 1

    Inspection 9 8 8 8

    Data/information management 0 1 1 1

    Total 10 10 10 10

    7.2 Water Resources Protection

    7.2.1 Directions

    a. Industrial Wastewater

    It is currently the policy that industry is responsible for treating its own wastewater, and this should continue. According to the Wastewater M/P, by 2015 all industrial wastewater should be discharged to the city sewerage and treated at the wastewater treatment plant, together with domestic wastewater. Therefore the industry is obliged to treat its wastewater to an extent that is acceptable to the city sewerage.

    The fundamental roles of the SCE and the BCE will not change. The SCE must develop policy and legislation, and lead the wastewater dischargers toward environmentally friendly operation. The BCE acts locally to monitor and control the polluting activities in Baku. By 2010, the BCE should:

    • control pollution sources that discharge their wastewater to public water bodies (other than sewerage) in a fair, systematic and efficient way with revised discharge standards, documents provided by the sources, and a new inspection system that focuses on main polluters;

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    • not only penalise pollution sources, but encourage them positively to introduce environmentally friendly operation;

    • cooperate with the sewerage authority, which controls wastewater discharge to the sewerage, by fair control over all the wastewater dischargers, paying attention to the overall water quality protection.

    b. Domestic Wastewater

    In the Wastewater M/P all domestic wastewater should be treated by the sewerage authorities and discharged to the Caspian Sea by 2015. The sewerage authority has responsibility to implement projects proposed in the Wastewater M/P. The SCE/BCE should facilitate its implementation.

    c. Water Resources Protection

    ARWC (Absheron Regional Water Company) will play a main role for water resources protection by putting the Water M/P into practice. The SCE/BCE should assist ARWC in the reduction of water consumption in Baku, which relies on water supply from other regions.

    The protection of the Jeirantaban reservoir is crucial for the city. By the target year of 2010, the safe water supply from the reservoir should be ensured by the Committee of Amelioration and Water Farm (CAWF) and ARWC, with policy support by the SCE/BCE.

    7.2.2 Strategies

    BCE/SCE Other Organisations

    Works Works Organisation

    PHASE I: 2001 - 2003

    1. To make a water pollution abatement plan consistent with the wastewater legislation.

    Each pollution source

    2. To implement the priority projects in the wastewater M/P.

    BEP

    3. To implement the priority projects in the water M/P.

    ARWC

    1. To improve the inspection of factories.

    2. To strengthen the inspection of factories with large environmental impacts.

    3. To encourage wastewater dischargers to introduce anti-pollution measures and CPT by developing financial and technical support systems.

    4. To set wastewater discharge standards for each discharge type.

    5. To support the implementation of the projects planned in the wastewater M/P.

    6. To promote the formulation of a watershed protection plan for the Jeiranbatan reservoir.

    7. To encourage the implementation of priority projects of the water M/P.

    8. To raise computer skills of department staff for GIS data input and data presentation.

    4. To formulate the watershed protection plan for Jeiranbatan reservoir and implement the urgently needed projects.

    ARWC and CAWF

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    BCE/SCE Other Organisations

    Works Works Organisation

    PHASE II: 2004 – 2006

    1. To start to implement the water pollution abatement plan.

    Each pollution source

    2. To implement the priority projects identified in the wastewater M/P.

    BEP

    3. To implement the priority projects identified in the water M/P.

    ARWC

    1. To apply the new discharge standards to new factories.

    2. To present practical recommendations to all factories if necessary.

    3. To promote the full implementation of the watershed protection plan for Jeiranbatan reservoir.

    4. To assist and supervise activities of other organisations for water resources protection.

    4. To fully implement the watershed protection plan for Jeiranbatan reservoir.

    ARWC and CAWF

    PHASE III: 2007 - 2010

    1. To fully implement the water pollution abatement plan.

    Each pollution source

    2. To implement the wastewater M/P.

    BEP

    1. To apply the new discharge standards to existing factories which are changing or expanding their operations.

    2. To raise awareness concerning the importance of water resource protection among the general public and encourage such actions as the minimisation of water consumption and grey water recycling.

    3. To implement the water M/P. ARWC

    The works to be done by the BCE/SCE are explained in detail below.

    Phase I.

    Industrial Wastewater:

    1. The BCE should monitor the pollution sources and the source documents. The SCE/BCE should establish a system in which all the pollution sources are obliged to submit three copies of an environmental passport and normative documents. After approval, one of them will be kept at the SCE, another at the BCE and the other will be returned to the factory.

    The GIS established at the BCE contains the information on environmental passports. It should be updated with new data obtained through monitoring.

    2. In order to utilise limited resources at the BCE efficiently, the BCE should focus on inspection of major polluters. A newly introduced inspection scheme will be as in Section 7.2.3(a).

    3. The BCE should present proposals to reduce environmental impacts at factories, which may be significantly polluting (Group A, see Section 7.2.3(a) below). The expertise of Academy of Sciences, Oil Academy, universities and other relevant institutions should be involved. Using the Environmental Fund and/or Oil Fund as capital, the BCE should introduce a soft loan scheme in which factories can borrow funds to equip themselves with anti-pollution facilities and/or cleaner production technology.

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    4. The present wastewater discharge standards are specifically set for every factory. Such complexity makes individual factory control difficult. The standards should be revised and be set for type of industries. The SCE should form a committee, involving experts from the government, industry and academics, to set practical discharge standards for point sources.

    Domestic wastewater:

    5. The SCE/BCE should provide the sewerage authority responsible for implementing the Wastewater M/P with policy support, putting an emphasis on the prevention of wastewater discharge to the Jeiranbatan reservoir.

    Water Resource Protection

    6. The SCE/BCE should support the CAWF and ARWC to formulate the Jeiranbatan reservoir water quality protection plan promptly and implement the urgent improvement of interceptive canals and the existing pumping station which pumps wastewater out of the watershed. Based on the environmental zoning map proposed by the team, the BCE must restrict development activities that may possibly pollute the reservoir and promote appropriate land use in its watershed in the EIA process.

    7. The SCE/BCE should support the implementation of the Water Loss Control Plan by the ARWC planned in the Water M/P. The support will include the political input to facilitate the implementation and enforcement of water meters installation at new buildings and houses in the EIA process.

    General:

    8. Staff must obtain computer skills to use and update data in the GIS.

    Phase II.

    1. When new point sources are being established, the new water discharge standards, which are set for every discharge type, should be applied.

    2. The BCE will make suggestions to reduce environmental impacts given by factories in Group B (see below), if necessary.

    3. The BCE should promote the full implementation of the Jeiranbatan reservoir water quality protection plan (See item 6 above). The plan may include the construction of interceptive canals and the construction of a new pumping station, which will pump wastewater out of the watershed. The BCE should also further strengthen land use restriction in the Jeiranbatan watershed.

    4. The excessive domestic water consumption in Baku is due to water being wasted by consumers. Water wastage is a result of a lack of respect for the natural asset. It is a region-wide environmental problem that is beyond the power of ARWC to resolve alone. The SCE/BCE should act towards water wastage prevention in various ways such as public awareness and control of illegal water connection, as well as the enforcement of meter installation by EIA.

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    Phase III.

    1. In cases where existing point sources are changing or expanding their operations and will not comply with the new standards, the BCE should be able to compel them to change their plans or close them.

    2. The arid Absheron peninsula draws water from some hundreds of kilometres away. The real cost of water supply in Baku is more expensive than is generally realised by the population or industry. Water consumption should be further reduced not only by water wastage prevention, but also by the promotion of water saving, grey water recycling, and other methods for water resources conservation. The SCE/BCE should raise public awareness of water resources issues.

    7.2.3 Monitoring

    a. Industrial Wastewater

    Wastewater discharge must in principle, be controlled by factories. Inspections by the BCE will have two schemes: one for major polluters and the other for minor polluters.

    According to the factory survey undertaken by the team, about 60% of factories directly discharge wastewater to the public water bodies. They are grouped in Group A. Group A also includes factories whose wastewater is received and treated at the wastewater treatment plant but whose wastewater quality can affect the performance of the treatment plant due to the large volume of wastewater. The rest will be in Group B.

    Group Definition

    A • Factories which directly discharge wastewater to the public water bodies (approx. 60%).

    • Among factories whose wastewater is treated at the wastewater treatment plant (approx. 33%), factories which discharge large volume of wastewater.

    B Others

    It is to be noted that the BCE should carry out additional studies in order to categorise 7% out of 250 factories covered by the factory survey and other factories not covered by the factories survey.

    a.1 Inspection at Factories in Group A

    Factories in Group A will be obliged to update data once a year and control wastewater discharge themselves. The BCE will visit them once a year and inspect their operations, their data keeping practices, conformity to the discharge standards and, if necessary, their processes of wastewater measurement.

    If they do not possess measuring equipment, they should request that the BCE or other organisations that are approved by the SCE/BCE measures discharged wastewater at the company’s expense.

    a.1 Inspection at Factories in Group B

    Factories in Group B will be inspected once every three years referring to the environmental passports and normative documents, which are revised every three years. Additional inspections will be made in cases where an environmental accident

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    takes place, the BCE receives enquiries from the factory or residents, or has other legitimate concerns.

    b Domestic Wastewater

    The sewerage authority is accountable for the quality of treated wastewater. The BCE should be received (free of charge) data on treated wastewater quality, which are to be entered to the GIS.

    c. Water Resources Protection

    Water quality of the Jeiranbatan reservoir is under the control of the CAWF and ARWC. Their monitoring results should be sent to and compiled by the Absheron Committee for Ecology (ACE). The BCE should receive the data from the ACE, enter them to the GIS and assist the ACE.

    7.2.4 Law Enforcement

    As with other aspects of environmental enforcement, the over-arching objective is to ensure environmental conformance, rather than to punish organisations which breach the law. However, this should not be avoided in appropriate cases.

    The BCE public relations and education department should work with major industry groups to educate them in suitable pollution control and mitigation techniques.

    In any event, the laws relating to water pollution need to be clarified to ensure that there is clear separation of regulatory and control functions. The law should specify that the SCE (through its regional branches) is the body clearly and solely responsible for bringing prosecutions where necessary to ensure conformance.

    It is also necessary for discharge standards to be specified by the SCE/BCE, where appropriate in conjunction with the Academy of Sciences, the relevant sectoral ministries and industry representatives.

    Where the BCE believes that other methods have failed and a prosecution is required, it should be able to instigate this, in the appropriate way, without reference to other state bodies.

    Penalties should allow for clean up, change of production or other practice, financial penalty to the organisation and to individual managers and directors where they are found to be negligent.

    7.2.5 Data and Information Management

    Information in the currently available environmental passports has already been entered into the GIS. The results of factory inspections must be added to the database and the BCE should be able to trace the past record of each factory.

    The GIS also contains the water monitoring data, which should be updated and added.

    7.2.6 Investment Plan

    • office equipment such as a personal computer, etc.;

    • equipment for the inspection works such as a vehicle, sampling tools, etc.;

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    • computer training for the staff; may need to hire instructors. Foreign experts may need to be dispatched.

    7.2.7 Operation and Maintenance (Personnel) Plan

    Present Phase I Phase II Phase III

    Management 1 1 1 1

    Inspector 10 9 9 9

    Data/information management 0 1 1 1

    Total 11 11 11 11

    7.3 Land Protection and Waste Control

    7.3.1 Directions

    a. Municipal Solid Waste Management

    The BEP and District EPs will keep bearing the responsibility for municipal solid waste management (MSWM). There will need to be careful and rational consideration to decide whether the operation of MSWM is to be partly or fully contracted out to the private sector. Therefore, there is an urgent need to develop a M/P for MSWM in which a number of options including privatisation are examined. The formulation of the M/P rests with the BEP and District EPs, while the BCE/SCE is responsible for encouraging, supervising and supporting them in the smooth formulation and implementation of the M/P.

    The team consider that the following five issues must be taken into account for MSWM M/P formulation:

    • because of severe financial restrictions, the improvement of MSWM must be a phased process;

    • the main focus of the short- and middle-term improvement must be on (i) the provision of sufficient waste collection service throughout the city, (ii) the prevention of city environment degradation due to illegal waste dumps, and (iii) the execution of sanitary disposal of all collected waste;

    • meanwhile, there is a strong need to re-establish waste recycling systems (which hardly function after the collapse of FSU), particularly those for used paper and steel scrap;

    • the introduction of intermediate treatment technology for municipal solid waste such as incineration and composting should be carefully examined from the long-term viewpoint. The introduction of treatment facilities for toxic waste and medical waste must be a priority;

    • to enable and support the privatisation of MSWM, it will be necessary to develop legislation to promote, supervise and control the private sector, and to strengthen the governmental institution and financial base.

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    b. Hazardous Waste Management

    Industrial waste is divided into two types: non-hazardous and hazardous. The former should be covered by the MSWM M/P, while a regulatory framework for the latter is being studied in the sub-component of the UEIP “Technical Assistance for Development of a Hazardous Waste Management System” (UEIP HWM Study) which commenced in July 2000 and will finish in June 2002. Following the UEIP HWM Study, a HWM M/P of the study area will be formulated by the SCE while feasibility study for construction of HW treatment and disposal facilities will be conducted by organisations to be determined by the M/P.

    That HW generators are responsible for disposal (from collection to final disposal ) is the fundamental principle at present and for the future. The SCE must develop national policy, legislation and have a planning function, following the UEIP HWM Study, whilst the BCE will supervise and controls the facilities for HWM. Recognising that there are no HW treatment and disposal facilities available to HW generators outside their premises (e.g. factories), the following must be the critical issues for proper HWM.

    1. establishment of appropriate HW control and disposal systems within factories;

    2. establishment of HW management systems including collection, transport, treatment and final disposal of HW discharged from factories, particularly establishment of HW disposal executing bodies;

    3. establishment of the governmental structure to promote, supervise and control the above mentioned.

    Whether an implementing body for point (2) above will be private or governmental must be one of the most difficult questions. It is an established international practice to leave it to the private sector. However, certain types of governmental intervention will be inevitable in order to promote private enterprises of HW treatment and disposal, as there are absolutely no such enterprises in Azerbaijan at present.

    c. Medical Waste Management

    The “Sanitary Regulations for Maintenance of Residential Areas, SanPiN 42-128-4690-88” prohibit medical waste disposal (infectious/hazardous from medical institutions) at a landfill without treatment. According to the Opinion Survey for Medical Institutions conducted by the team, some of medical institutions discharge their medical wastes without treatment and those wastes are disposed of at landfills with municipal waste. A M/P for medical waste management is therefore urgently needed. The M/P has to be developed by the BEP and Ministry of Health, while the BCE/SCE will be responsible for encouraging, supervising and supporting the M/P formulation in order to execute its overall responsibility for environmental management.

    The team considers that the M/P for medical waste management must take the following into account:

    • the amount of medical waste generated in the study area is small. The team surveyed 40 medical institutions and estimated based on the survey results that total amount of medical waste from 239 medical institutions in the study area was 12.9 ton/day in 1999 and would be 15.0 ton/day in 2010. Therefore, the strict

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    separation of medical waste from general municipal waste at all the generation sources is a key prerequisite for the establishment of proper medical waste management;

    • the next question is whether medical waste is to be treated at source or collected for centralised treatment. For the latter, the introduction of a medical waste collection system that is independent from a municipal solid waste collection system will then be needed. It is to be noted that small incineration facilities for medical waste treatment are nowadays being phased out in many countries, as it is a major source of dioxins1;

    • because medical waste generation amount is small, the introduction of a toxic waste incinerator or incineration at cement kilns will be the appropriate option.

    d. Illegal Dump Control

    The BEP and each District EP will control illegal dumps, as they do at present. They should work out an illegal dump control system with consideration of the following conclusions, which were drawn from a pilot cleanup at the site behind the Sport Palace and a public awareness campaign.

    1. the cost for illegal dump cleanup is beyond the affordability of the BEP and District EPs considering their current financial situation. Their limited finance should be, therefore, first concentrated on the prevention of new illegal dumps arising;

    2. the most urgently needed preventive measure is to provide an adequate waste collection service to the whole city;

    3. public awareness campaigns must be repeated, following which the illegal dump control system with public participation will be strengthened.

    The details of the illegal dump control system will be investigated in the MSWM M/P. Based on experience leant from the pilot project, the BCE/SCE needs to help the BEP and District EPs to obtain public cooperation. In addition, it should integrate information on severe illegal dumps on the GIS and provide some of useful information to the public and governmental bodies.

    e. Contaminated Land Restoration

    The restoration of oil contaminated land should be undertaken by relevant organisations following the on-going two projects: onshore oil field cleanup within UEIP by the WB and oil contamination cleanup by Tacis. The SCE/BCE will organise a national work group in co-operation with other organisations in order to facilitate the restoration of oil contaminated area cleanup.

    Land contaminated from other sources should be restored, based on the “polluter pays” principle. However, the field investigation of land contamination is expensive and polluters are unlikely to study their land unprompted. The BCE/SCE, with the cooperation of other research agencies, should focus on land which is so contaminated that significant environmental impacts are anticipated, as at the site contaminated with

    1 In general a small incinerator does not work continuously and is not equipped with an emission gas treatment facility for dioxins. Discontinuous operation is difficult to avoid combustion temperature of 300 to 400 °C, in which temperature dioxins generate.

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    mercury in Sumgait. When a new development activity is planned, the BCE/SCE should oblige the developer to carry out a land contamination study (“the baseline survey”), to assess the positive or any adverse impacts on the land contamination after development, and to take necessary measures to avoid environmental impacts including project cancellation (where that would be detrimental to the environment). The BCE/SCE should evaluate the EIA reports prepared by the developers recognising that the acceptable level of land contamination depends on type of development activity (e.g. land should be less contaminated with volatile toxic substances if housing development is planned than if the site is required for new industrial building construction).

    The BCE will be the centre for contaminated land information in Baku. Since researching and collecting soil quality data of contaminated land represents large workloads and considerable cost, it will involve many other organisations including the State Land Committee, Institute of Soil Science and study teams of UEIP by the WB and of Oil Contaminated Cleanup project by Tacis as it does at present. The BCE should then integrate the data and information, enter those into the GIS, and provide them to the public and other organisations to promote contaminated land restoration.

    f. Mineral Resources Protection

    In order to prevent public beaches and other recreation areas and eliminate a large number of pits and illegal dumpsites caused by illegal mining of sand, clay and gravel, it is necessary to strengthen the BCE's capacity to control and cope with illegal mining operations. In addition, the enforcement mechanisms should be improved in order to prevent such activity. For the enforcement coordination with police is essential.

    Regarding the problems caused by authorised limestone mines, the first step of the improvement shall be establishment of the system to avoid improper mining operation. The system includes a careful evaluation of EIA for mining development plan, enforcement of proper operation that shall be the conditions for operational permit and coordination with the BEP regarding permission for the operation of it. Rehabilitation of current damaged areas by improper mining operation and recycling of associated waste shall be carefully examined and planned considering economic viability, degree of the environmental damage, social needs, etc.

    7.3.2 Strategies

    BCE/SCE Other Organisations

    Work Work Organisation

    PHASE I: 2001 – 2003

    1. To formulate the municipal waste management M/P. To provide sufficient refuse collection services to all districts in Baku.

    BEP and each district EP

    1. To encourage, supervise and support the formulation of an MSWM M/P.

    2. To strengthen legislation to control hazardous waste treatment and disposal, in accordance with the UEIP HWM Study. To assist financially and technically the construction of a HW disposal site for mercury contaminated waste.

    2. To construct the HW disposal site for mercury contaminated waste, which may be used for the disposal of other type of HW than mercury.

    To be determined.

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    BCE/SCE Other Organisations

    Work Work Organisation

    3. To formulate the medical waste management M/P. To strengthen primary treatment at medical institutions and separate collection.

    MOH, BEP and each district EP, and medical institutions

    4. To develop a system to prevent illegal dumping.

    BEP and each district EP

    5. To develop cleanup method of oil contaminated land. To research soil contaminated area and develop restoration method.

    WB, TACIS and others

    6. To develop enforcement mechanisms to prevent illegal mining and improper mining operation.

    Police, BEP, SCMS

    3. To encourage, supervise and support the formulation of a medical waste management M/P.

    4. To encourage, supervise and support the development of an illegal dump control system.

    5. To organise a national work group in co-operation with other organisations for oil contamination cleanup. To integrate data of contaminated land into GIS database.

    6. To strengthen the BCE's capacity to control and cope with illegal mining and improper mining operation.

    7. To raise computer skills of department staff for GIS data input and data presentation. To strengthen the department with equipment necessary to accomplish their works.

    7. To designate sites for the disposal of HW and MSW in the land use plan of the Baku city.

    BEP and each district EP

    PHASE II: 2004 – 2006

    1. To implement priority projects (sanitary landfill, strengthening recycling system, etc.) following the MSW management M/P.

    BEP and each district EP

    2. To conduct the feasibility study for construction of HW treatment facilities following the result of the UEIP HWM Study and the construction of the HW disposal site.

    To be determined.

    3. To implement priority projects following the medical waste management M/P.

    MOH, BEP and each district EP

    4. To establish the system to monitor and prevent illegal dumping and to cleanup existing illegal dump sites.

    BEP and each district EP

    5. To commence oil contaminated area cleanup. To conduct soil investigation for EIA for development of possibly contaminated area.

    To be determined.

    6. To control, supervise and enforce the control system of illegal mining and improper mining operation.

    Police, BEP, SCMS

    1. To encourage the implementation of the priority projects following the MSWM M/P.

    2. To formulate a HWM M/P and develop a HWM system following the results of the UEIP HWM Study. To encourage feasibility studies for the construction of HW treatment facilities.

    3. To encourage the implementation of the priority projects (separate collection and final disposal) following the medical waste management M/P.

    4. To encourage illegal dump cleanup by developing technical support systems.

    5. To encourage oil contaminated area cleanup. To enforce soil investigation in EIA for development of possibly contaminated area.

    6. To develop a control system of illegal mining and improper mining operation.

    7. To promote large waste generators (factories) to minimise waste (e.g. to introduce CPT) by developing financial and technical support systems.

    7. To reduce waste by introduction of CPT, etc.

    Factories

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    BCE/SCE Other Organisations

    Work Work Organisation

    PHASE III: 2007 - 2010

    1. To implement the MSW management M/P (e.g. promotion of recycling and reduction of waste.)

    BEP and each district EP

    2. To construct the HW treatment facilities.

    To be determined.

    3. To implement the medical waste management M/P (central treatment, etc.).

    MOH, BEP and each district EP

    4. To continue to cleanup the illegal dumpsites.

    BEP and each district EP

    5. To commence soil contamination cleanup in industrial areas.

    To be determined.

    6. To examine and commence rehabilitation of damaged areas by illegal mining and improper mining operation.

    Mining companies, BEP, SCMS

    1. To encourage the introduction of waste minimisation and waste recycling systems of MSW.

    2. To encourage the construction of the HW treatment facilities.

    3. To encourage central treatment of medical waste.

    4. To further encourage illegal dumpsites cleanup.

    5. To organise a national work group in co-operation with other organisations for soil contaminated area cleanup in industrial areas.

    6. To encourage rehabilitation of damaged areas by illegal mining and improper mining operation.

    7. To further encourage factories to minimise waste (e.g. to introduce CPT and to manufacture recyclable products).

    7. To minimise waste generation (e.g. by applying CPT and manufacturing recyclable products.)

    Factories.

    Note: SCMS: State Committee for Mining Supervision The works to be done by the BCE/SCE are explained in detail below:

    Phase I.

    1. MSWM: In order to encourage, supervise and support the formulation of an MSWM M/P, the BCE/SCE will make full use of the data obtained by WACS (waste amount and composition survey) and the Survey on Recycling Activities, both of which were carried out by the team. The WACS shows that the generation rate of household waste is 245 g/person/day and that of MSW, which includes waste from households, commercial enterprises and markets but excludes construction (demolition/renovation) waste, is 294 g/person/day. The Survey of Recycling Activities suggests a high demand for recycling of scrap iron and waste paper.

    2. HWM: The BCE is responsible for controlling hazardous waste treatment and disposal in Baku, and needs strengthened legislation and HW control systems including a clear waste classification system and technical standards for treatment and disposal. Therefore, it should actively participate in the UEIP HWM Study. A 6-ha new landfill will be developed to dispose of soil and sludge contaminated with mercury that will be generated from the mercury cleanup project under the WB’s UEIP and its expansion to 50 ha is under discussion to receive other types of HW. The site could therefore be developed as the HW landfill for the study area. A demand survey for a HW landfill is necessary for its development and the Factories Survey, undertaken by the team, should provide important data for demand forecast. Making full use of the data obtained by the Factories Survey and the GIS database of the environmental passports at 288 factories, the BCE/SCE

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    should technically assist the UEIP HWM Study and facilitate the construction of the HW disposal site.

    3. Medical Waste Management: In order to encourage, supervise and support the formulation of a medical waste management M/P, the BCE/SCE must fully utilise the data obtained by the Opinion Survey for Medical Institutions and the GIS database of medical institutions. The data obtained by the survey and the GIS will provide not only the medical waste generation rate but also the location and amount of waste to be collected. All these sorts of information are indispensable to set efficient waste collection routes and to design a whole waste collection service system. One of the most important issues for the M/P is the establishment of a Code of Practice for medical waste, which stipulates a principle for proper medical waste management.

    4. Illegal Dumps: To encourage, supervise and support the development of a illegal dump control system, the BCE/SCE will fully use the experience obtained through the pilot project of the public awareness campaign conducted together with the illegal dump cleanup at Sport Palace. In this phase priority will be given to the prevention of new illegal dumps being formed, rather than cleanup of existing sites.

    5. Land Contamination: The study on oil contaminated area cleanup by the WB and Tacis is to be finished in 2001. The SCE/BCE should organise a national work group with other organisations to facilitate actual cleanup activities based on the findings of those studies.

    As for the other types of land contamination, the BCE/SCE should initiate a study to identify severely contaminated land. The GIS prepared by the team has information on land contamination, and it should be further strengthened with additional information. Information on industrial activities impact is also vital to locate contaminated land. The consideration of possible pollution of lakes, sea, and/or groundwater due to the soil condition is another key to identify the severity of contamination. Such a study is, however, time-consuming and can proceed only gradually. The BCE/SCE should also oblige a developer to investigate soil within an EIA process. The results of soil investigation will then be entered on the GIS.

    6. The remediation of contaminated land should be conducted in accordance with a legislative framework to be developed by the UEIP HWM Study, which will address who is responsible for historical pollution and who should therefore pay for any cleanup.

    7. Protection of Mineral Resources: To control and cope with illegal mining and improper mining operation the BCE needs to improve inspection capability of damaged sites by securing inspector and transportation means. However, for the enforcement of illegal mining the police shall be main actor since it requires certain tools.

    As for the problems caused by authorised limestone mining, the first step is to avoid improper mining operation. For this purpose the BCE shall make full use of the EIA system. When a developer of limestone mining applies an EIA of a site, it shall carefully examine and give conditions for permission to avoid improper mining operation. The conditions include designated landfill site of wastes generated by operation and its operation method, etc. For the evaluation of

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    technical aspects of mining operation the BCE needs to ask cooperation of the SCMS. In addition it shall ask the BEP to inquire the BCE before giving permission to the developer of mining.

    8. GIS: A system of proper control and management of waste and land needs various data and information, such as the generation amount of each kind of waste and the location of their sources. The team obtained such data and information and entered them into the GIS database, but they must be modified and supplemented by additional data and information. The department staff need to have computer skills to put these data into computers using the GIS software. The department will also need some basic equipment for execution of its tasks including vehicles for inspections, communication tools and personal computers.

    Phase II.

    1. MSWM: Priority projects to be identified in the MSWM M/P will be the construction of sanitary landfills and recycling facilities, which must be licensed by the SCE together with MOH and inspected by the BCE. The BCE/SCE should encourage the implementation of the priority projects following the MSWM M/P by giving suggestions on site selection, facility design, and prevention of adverse environmental impacts.

    2. HWM: The BCE in collaboration with the SCE will formulate a HWM M/P for the study area following the result of the UEIP HWM Study and develop a structure for HW control. The M/P will identify a specification for HW treatment facilities. The BCE/SCE will encourage a feasibility study for construction of HW treatment facilities, which may be constructed and operated by the private sector. For the success of HW treatment business the prediction of demand for the HW treatment plant is crucial. The GIS database will be a very useful tool for the demand prediction, but the BCE needs to update and supplement current HW generation data in the GIS database.

    3. Medical Waste Management: Priority projects to be identified in the medical waste management M/P will be separate collection, treatment and disposal of medical waste. Considering the limited budgets and finances of medical institutions, however, intermediate treatment such as incineration will not be viable and priority must be given to separate collection and final disposal. To encourage the implementation of the priority projects, the BCE/SCE should provide technical information on separate collection and final disposal of medical waste. The BCE/SCE should also examine the possibility of a cheap centralised treatment method, such as incineration at cement kilns.

    4. Illegal Dumps: The BCE/SCE will further enhance public awareness to prevent illegal dumps in the city. In addition to this, the BCE will commence encouraging illegal dump cleanup by developing technical support systems. Technical support will include the provision of site information and the suggestion of recommendable method and cleanup cost estimation.

    5. Land Contamination: Cleanup of oil-contaminated areas is to be conducted by the private sector as far as this is financially feasible. To encourage oil contaminated area cleanup, the BCE/SCE will provide data and information useful for feasibility examination to any organisations that intend to clean oil contaminated land. The

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    BCE/SCE should enforce soil investigation in EIAs by a developer. The soil data thus obtained will be integrated in the GIS database.

    6. Protection of Mineral Resources: To complete a control system of illegal mining and improper mining operation the BCE shall further develop enforcement mechanisms with the cooperation of police, BEP and SCMS.

    7. Approaches of waste management are generally divided into two: proper treatment and disposal of generated waste, and waste generation minimisation. The former needs waste collection, treatment and disposal services and facilities, which were discussed above. For the latter, large waste producers (factories) will be required to apply CPT (clean production technology), such as the conversion to clean energy and saving of energy and raw materials. The BCE/SCE should develop financial and technical support systems for factories to apply CPT.

    Phase III.

    1. MSWM: Current practices of MSWM in developed countries are to minimise waste generation, to recycle or reuse generated waste and to stabilise non-recyclable or non-reusable waste in an environmentally friendly manner either by incineration, landfill disposal or any other measures. Therefore, after the establishment of an adquate refuse collection service and sanitary disposal, the BCE/SCE will encourage the introduction of waste minimisation and waste recycling systems for MSW.

    2. HWM: The most important issue to encourage the construction of HW treatment facilities is the strict enforcement of HW treatment and disposal standards. If the control of illegal HW treatment and disposal is loose, HW treatment facilities constructed at large expense will be of no use. The BCE should further strengthen its enforcement capability.

    3. Medical Waste Management: In order to develop a proper disposal system for medical waste it is desirable to incinerate it at a central incineration plant, but the small amount of medical waste generated will make it difficult to introduce an independent facility specifically for medical waste. To promote the central treatment of medical waste, the BCE/SCE will provide information on available incineration facilities, such as HW incinerators, cement kilns, and others.

    4. Illegal Dumps: To further encourage illegal dump cleanup, the BCE/SCE will ask the BEP/district EPs to organise campaigns to cleanup small or medium-scale dumps with the cooperation of local people. For the cleanup of large dumps the BCE/SCE will assist the BEP/district EPs to raise a fund for cleanup.

    5. Land Contamination: The restoration of soil-contaminated areas requires considerable investment. Therefore, the BCE/SCE will organise a national work group in co-operation with other organisations to promote and conduct soil contaminated area cleanup in industrial areas.

    6. Protection of Mineral Resources: When a control system of illegal mining and improper mining operation is completed, the BCE shall encourage rehabilitation of damaged areas, which shall be conducted by mining companies (polluters) in cooperation with BEP and SCMS. However the rehabilitation plan shall carefully examine its economic viability, degree of the environmental damage, social needs, etc. before the implementation.

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    7. Recycling: To further encourage factories to minimise waste, the BCE/SCE will encourage them to manufacture recyclable products by introducing EPR (extended producer’s responsibility), etc. in addition to the application of CPT.

    7.3.3 Monitoring and Inspections

    a. Waste Management Facilities

    The Law on Industrial and Household Waste of 30.8.98 (Law on Wastes), which was supplemented by Presidential Decrees of 26.10.98, 29.6.00 and 1.7.00 on its application, define that licensing waste management facilities for industrial waste is the responsibility of the SCE while those for domestic waste is of the local executive powers. The Law (as reinforced by the Presidential Decrees) states that the adherence to license conditions, environmental standards and regulations is inspected by the Regional Ecology Committees; i.e. BCE in the Baku city. The BCE should monitor the operation of facilities by receiving relevant documents from them, and, when necessary, also inspect them at the site by referring to license conditions and environmental standards/regulations.

    However, the regulations, which specify the standard of design, construction and operation of the facilities, are still immature. The UEIP HWM Study will develop a regulatory framework of HWM. When the framework is completed, the BCE should refer to the regulations for the inspection of HW management facilities. The BCE in cooperation with the SCE will modify the HW regulations to adapt to the waste management of municipal waste and medical waste, both of which lack appropriate regulatory arrangement.

    b. Illegal Dump Control

    The BCE should inspect illegal dumps, concentrating on large and problematic ones, to evaluate the extent of adverse impacts of them. When necessary, the BCE also needs to instruct the BEP and district EPs to take necessary measures to reduce the impacts. The data obtained through inspection will be integrated into the GIS database and be used for monitoring of their improvement or restoration.

    c. Contaminated Land Restoration

    A developer must investigate soil pollution on the site to identify the degree of land contamination during the EIA process. The data obtained by EIA will be integrated into the GIS database and be used to monitor the consequence of development.

    7.3.4 Law Enforcement and Incentives

    a. Law Enforcement

    a.1 Waste Management Facilities

    The objective for the BCE/BEP should be to pass operation of all landfill sites to the private sector as soon as is practicable. For the establishment of a waste management industry in the private sector a strict enforcement of proper waste disposal by the government is indispensable.

    This will require appropriate legislation to ensure a smooth transition from state to private management and adequate security of unimpeded operation for the future. However, in order to ensure the correct and appropriate operation, the facilities must be

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    open to inspection on demand by the BCE (acting for itself and on behalf of the BEP) to ensure operations conform to the terms of the licence regarding all aspects of environmental management.

    In particular, legislation will be required enabling the BEP to take over the management of a site where there is environmental degradation due improper procedure or practice by the operator (for example burning where landfill is mandated, or acceptance of hazardous or clinical wastes as normal waste).

    a.2 Illegal Dump Control

    Litter and illegal dumping are major problems within Baku and there are few open areas free of unsightly and potentially hazardous waste. In addition to laws prohibiting these practices, provision of suitable disposal methods needs to be developed. Only at that stage (eg after provision of sufficient litter bins in public areas and regular and reliable collection of these) will it be appropriate to enforce illegal littering.

    For illegal dumping, a two-pronged approach is required. Firstly there should be a clean-up team, removing illegal dumps immediately these appear. (There is significant evidence around the world to show that once an illegal dump commences, others add waste.) The BCE should have enforcement officers tracking down those responsible and the legislation should enable penalties to be imposed rapidly. In other countries, penalties for so called “fly-tipping” are severe and include confiscation of any vehicle used in this process, financial penalties for the driver of the vehicle responsible and financial penalties with potential imprisonment for those responsible.

    a.3 Contaminated Land Restoration

    In the Soviet era, little effort was made to ensure restoration or amelioration of environmentally degraded land. It should be necessary to conduct environmental audits prior to land improvement programmes and these audits should be mandatory where there is any change of ownership or long term leaseholder on land previously used for industrial or commercial purposes. Legislation would be required to compel such audits.

    These should be conducted independently (at the expense of buyer or seller, or shared between them) and the results lodged with the BCE. The condition of the land should be considered by the BCE prior to new development and the BCE should have the legal power to compel environmental clean up where this the condition of the land causes a problem for human health (eg where chemicals are leaching into the watercourse). Legislation requiring the current owner to finance the clean up is required. Where the current owner is unable to finance the clean up, legislation should enable the BCE to compulsorily purchase the site, organise the clean up and sell the land, passing any surplus of receipts over costs to site owner.

    b. Promotion and Incentives

    The SCE/BCE shall introduce financial incentives to promote waste minimisation and recycling as well as introduction of CPT and manufacturing recyclable products. The incentives will be:

    • Reduction of tax on the investment for construction of waste recycling facilities and introduction of CPT.

    • Raise fee for water and electricity.

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    • Raise tax on fuel and raw materials.

    • Free technical assistance to the investment for construction of waste recycling facilities and introduction of CPT.

    7.3.5 Data and Information Management

    Data and information on land protection and waste control shall be integrated in the GIS database at the BCE. The Land Protection and Waste Control department staff should continuously modify and supplement those data and information by additional data and information. The department staffs need to have computer skills to put these data into computers using the GIS software. The BCE/SCE will make full use of the GIS data for not only their daily work, but also public awareness promotion and dissemination works.

    7.3.6 Investment Plans

    Items requiring investment are:

    • Computer training for staff; may need to hire instructors. Foreign experts may need to be dispatched.

    • Office equipment such as a personal computer, etc.

    • Equipment for the inspection such as vehicle, sampling tools, etc.

    7.3.7 Personnel Plan

    Field in charge Present Phase I Phase II Phase III

    Management 1 1 1 1

    Inspector for MSW 1 1 1 1

    Inspector for HW 1 1 1 1

    Inspector for Land and Mineral Resources Protection

    2 2 2 2

    Inspector for Medical Waste 0 1 1 1

    Inspector for Illegal Dumps 1 1 1 1

    Data/information management

    0 1 1 2

    Total 6 8 8 9

    7.4 Fauna and Flora Protection and Conservation Areas Management

    7.4.1 Fauna Protection

    a. Directions

    The BCE will be the centre for fauna information in Baku. Since keeping records of fauna species entails a large workload, this process will involve Institute of Zoology within the Academy of Sciences as it does at present. The BCE should then integrate

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    the record, enter data into the GIS, and provide data to the public and other organisations to promote nature conservation awareness.

    Fauna protection has been carried out by the BCE using three key approaches: i) control of illegal fishing; ii) control of illegal hunting; and iii) controlled issue of hunting licences. Responsibility for hunting and associated permits and licenses will remain the responsibility of the BCE.

    However, the issues related to fish are more complex. Within the Caspian Sea there are Azerbaijani regional borders and international boundaries, all within close range of the coastline. Devolving control directly to regional committees of the SCE may therefore cause territorial disputes if vessels are followed over boundaries or into international waters. Control of fish catches should therefore be the responsibility of the SCE. However, in practice, the observation of individual vessels should be undertaken by the marine police, with whom the SCE should work closely. In the event that the SCE wishes to inspect a specific vessel whilst at sea, the marine police should arrest the vessel and assist the SCE inspector to conduct such searches and examinations as are appropriate. Examination of fish catches at ports and harbours in the Baku region can be undertaken by the BCE without direct involvement of the marine police.

    In other words, the work associated with illegal fishing will be allocated as follows:

    • catching suspected fishing boats: Marine police;

    • identifying whether fishing is illegal or not (eg excess of the permissible catch, catching rare species, etc.): SCE/BCE;

    • punishing the illegal fishermen according to the penal regulations, or taking another appropriate actions: SCE/BCE together with the prosecutors’ office.

    Accordingly, the vessels which currently belong to the BCE and cost the BCE substantial expenses for maintenance, should be abolished or transferred to other organisation.

    Where the SCE suspects that a vessel is fishing illegally, it may be necessary to produce aerial photographic evidence or satellite images to validate the claim. Clearly, the required equipment will be beyond the financial resources of the BCE within the M/P period.

    In the plan for the restructuring of the SCE, whereby the environmental management aspects of fishery resources management would be devolved from different organisations in the country to be integrated in the MOEP, the SCE (MOEP) should have comprehensive capacity for research based fishery resources management enabling it to determine appropriate levels of catch. Since fishery resources management is a concern of not only Azerbaijan but also Caspian littoral countries, the SCE (MOEP) will need close communication with them following the initiative of the Caspian Environmental Programme.

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    b. Strategies

    BCE/SCE Other Organisations

    Works Works Organisation

    PHASE I: 2001 - 2003

    1. To promote international co-operation activities to protect migratory birds, fish in the Caspian Sea and other fauna communities of international concern.

    GoAz 1. To review and improve legislation to protect fauna.

    2. To raise computer skills of department staff for GIS data input and data presentation.

    3. To strengthen the institution with equipment for fauna protection.

    4. To widely publicise the legal hunting procedure.

    2. To co-operate with the BCE/SCE for fauna protection.

    BEP, district EP, others.

    PHASE II: 2004 – 2006

    1. To promote international co-operation activities to protect migratory birds, fish in the Caspian Sea and other fauna communities of international concern.

    GoAz 1. To integrate species record and enter data to the GIS.

    2. To disseminate the species data in the GIS to the public.

    3. To utilise the data integrated in the GIS for an appropriate hunting license system. 2. To co-operate with the

    BCE/SCE for fauna protection. BEP, district EP, others.

    PHASE III: 2007 - 2010

    1. To promote international co-operation activities to protect migratory birds, fish in the Caspian Sea and other fauna communities of international concern.

    GoAz 1. To complete a routine procedure of data input to the GIS.

    2. To improve the data presentation skill to effectively disseminate the species data on the GIS to the public.

    3. To assess the fishery resources and to encourage sustainable fishery production.

    2. To co-operate with the BCE/SCE for fauna protection.

    BEP, district EP, others.

    The works to be done by the BCE/SCE are explained in detail below.

    Phase I.

    1. The regulation on hunting activity and hunting farms management, issued in 1985 in the Soviet time, is still in effect at present. Since a new law on environmental protection subsequently came into force, this regulation may need revision accordingly.

    2. The species record has been kept only on paper and in paper files. The department staff need to have computer skills to put these data into computers using the GIS software.

    3. The BCE will need some basic equipment for execution of its tasks. It will include:

    • a motor boat for research on fauna in the sea area; • a 4WD vehicle and a trailer to carry and transport the boat between

    ports;

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    • communication tools (mobile and radio telephones) to exchange information among staff;

    • digital cameras to keep more concrete species data and to make the GIS species data more attractive and visual.

    The vehicle will also be shared among the BCE officers for use in connection with their work.

    4. The current BCE’s task of issuing licenses and controlling illegal hunting will continue with more efficiency. Using publicity, the procedure for licensing should be better understood and followed by the public. Joint work with the BCE environmental education staff is necessary.

    Phase II.

    1. By utilising the GIS, data over a number of years are integrated and can be processed to assess species population trends. The GIS is also a useful tool to monitor fauna distribution as it links species data with location data.

    2. Species data on the GIS should be accessible by the general public so that people will recognise the real status of fauna in Baku and become more familiar with nature.

    3. The control of illegal hunting and controlled issue of hunting licences will be continued. The public awareness raising through data dissemination (item 2 above) will encourage people to protect fauna by following the legal process for hunting. The data integration on the GIS will facilitate the SCE to determine the appropriate number of each fauna species that can be legally hunted.

    Phase III.

    1. By this stage the process to integrate data and to enter them into the GIS should be a routine task for BCE personnel.

    2. The BCE should improve its presentation skills to produce attractive and informative pictures, by making the best of the GIS programme.

    3. Presuming that the MOEP is established by this stage, the MOEP (or the SCE) should have full responsibility for managing the fishery resources of the country. This will require the MOEP (SCE) to cooperate with neighbouring countries, to observe the trend of fish population, to examine the causes of changes in fish population, and further to promote sustainable fishery production without exhausting the existing resources. The BCE, in cooperation with other regional environmental committees, will support the SCE by regional monitoring of fishery resources.

    c. Monitoring

    In cooperation with other organisations, the BCE should keep species records and maintain the GIS database. The GIS database will be used for assessment of trend of species population and distribution, which is to be reflected by the BCE and the SCE in the fauna protection policy.

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    d. Law Enforcement

    Poaching remains a serious concern at a number of reserves in Azerbaijan, particularly those which are the natural habitat for various types of deer and other game species. The BCE lacks the staff numbers to patrol the region adequately and lacks vehicles and equipment to follow and apprehend suspected poachers.

    Experience in other areas has shown that active wildlife criminals are frequently involved in other forms of criminal behaviour, including burglary and vehicle crime. It is therefore in likely to be in the interests of the local police to cooperate with prevention of and investigation into poaching activities. This relationship has not been formalised. Despite this, there has been some small success in this area but more needs to be done.

    In particular, the process of obtaining a hunting licence needs to be clarified, updated and publicised, but conversely the penalties for poaching need to be increased to ensure that the activity becomes increasingly risky. It is important to recognise that poachers may well see themselves as outside the legal process and not respond to a licence process. (BCE experience is that poachers are not individuals trying to outwit the gamekeeper for food, but are part of a serious poaching business.) It is therefore necessary for there to be stringent penalties and deterrents. In particular, the SCE/BCE should have the power to seize vehicles and equipment used in poaching activities and sell these to defray its costs. In many jurisdictions, poachers face imprisonment - even for a first offence. In the case of illegal fishing activity, there should be a recognition that commercial fishing illegally (whether in breach of a licence or fishing without one at all) should render the owner and captain liable to very severe penalties. (For comparison, in the European Union, the boat may be seized and penalties in excess of US$ 50,000 are commonplace.) Small scale poaching is clearly a lesser crime. Further, the BCE should publicise successes widely, in order to try to discourage others.

    7.4.2 Flora Protection

    a. Directions

    The BCE currently recognises that its responsibility is to detect those who illegally cut trees in the city. What it then does is to claim a compensatory payment from the offender for the damage to flora. However, this is not environmentally effective as the payment is not actually used to restore the lost greenery. Recognising that the main reason for people cutting trees is to obtain a land plot to start or expand a business, it is a matter of not just greenery protection but of land allocation procedures.

    The main focus should be to prevent such violations, by developing and enforcing a land use control mechanism, rather than to blame people after the event took place. Such land use controls must be formally recognised by all governmental sectors, particularly the BEP, as well as the general public. The BCE should support the execution of land use control by applying the EIA process more rigorously. The Flora unit of the BCE will then require a new emphasis for its work - from looking at individual trees to managing the city’s overall flora environment.

    Greenery development in Baku has been instigated mainly by the BEP, and by Production Association of Forestry (Azerbmeshe) and Ministry of Road Construction to a limited extent. The BEP runs six nurseries and closely cooperates with the Botanical Garden where research on flora species suitable for the city and greenery maintenance has been carried out in cooperation with the Institute of Botany and the

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    Institute of Microbiology within the Academy of Sciences. The greenery development plans are to be developed and put into practice by those implementing organisations. The roles of the BCE are to integrate its plans into the GIS, monitor its achievement, understand the overall greenery conditions of the city, and give suggestions to the implementing organisations by providing information from the GIS for their planning processes.

    In order to introduce a more widespread culture of flora protection, there is a need for awareness by the general public that increasing city greenery to the current level follows a long history of cultivation: furthermore that greenery as an important element of city landscape is vital not just visually but as an environmental asset. The BCE should put considerable effort into public awareness raising in this area. By doing so, people should be urged to take care of plants and to control illegal cutting among themselves.

    When trees have to be cut down for urban development, the BCE should carefully assess the degree of damage in its EIA process from the viewpoint of city greenery management. If there is damage, the BCE should enforce its power to cancel or amend the development plan, or to oblige the developer to plant trees either in or around of its premises in accordance with a quantified plan.

    b. Strategies

    BCE/SCE Other Organisations

    Works Works Organisation

    PHASE I: 2001 - 2003 1. To formulate a plan

    on tree plantation (the area, tree species, tree numbers, etc.).

    BEP, PAF, MORC

    2. To construct nurseries

    BEP and/or others.

    1. To clarify the tasks of BCE for city greenery.

    2. To review and improve the legislation for the BCE to execute its tasks.

    3. To raise computer skills of department staff for GIS data input and data presentation.

    4. To review the greenery data on the GIS. 3. To carry out research

    on flora. Academy of Science, universities, Botanical gardens, others.

    PHASE II: 2004 – 2006 1. To plant trees. BEP, PAF, MORC 1. To communicate with greenery

    implementing agencies. 2. To enter greenery information into the

    GIS. 3. To promote public awareness and

    participation in greenery development.

    2. To carry out research on flora.

    Academy of Sciences, universities, Botanical gardens, others.

    PHASE III: 2007 - 2010 1. To plant trees. BEP, PAF, MORC 1. To keep the GIS data updated.

    2. Monitor overall city greenery and give suggestions on greenery development to the implementing agencies.

    3. To cooperate with the EIA personnel of the BCE/SCE to prevent trees from being unnecessarily felled.

    4. To promote public participation in greenery development.

    2. To carry out research on flora.

    Academy of Sciences, universities, botanical gardens, others.

    Note: PAF: Production Association of Forestry (Azerbmeshe) MORC: Ministry of Road Construction

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    The works to be done by the BCE/SCE are explained in detail below.

    Phase I.

    1. The role of the BCE in the field of city greenery was described in Section 4.4.3. The shift from field based inspection to policy based decision making, should be fully understood by the BCE, the SCE and other relevant authorities.

    2. The Decree of Cabinet of Ministers No. 493 in 1983, regarding flora protection, should be fully reviewed and revised and the responsibilities and obligations of the BCE to execute its role should be stipulated in legislation. With the new legislation, the BCE should receive necessary information from other organisations without charge to enable it to enforce its obligations.

    3. In order to utilise the GIS for efficient work execution fully, the staff should acquire computer skills for data input and data processing on the GIS software.

    4. The greenery data on the GIS should be reviewed and, if necessary and if the new information is available, should be updated.

    Phase II.

    1. Following the revised legislation, the BCE should have active communication with greenery development implementing agencies (BEP, Production Association of Forestry (Azerbmeshe) and Ministry of Road Construction etc) to cooperate in the development of their plans and achievements. The BCE also should be provided from those organisations with data of existing greenery.

    2. The information obtained will be entered in the GIS and integrated. The GIS will allow the BCE to obtain an overall picture of city greenery, understand the distribution of green areas and assess the increase or decrease in green areas.

    3. Public awareness is a time-consuming but essential approach for the protection of trees from illegal cutting. The publicity of the city’s history of greenery development, people’s visits to the Botanical Garden, installation of signboards in parks to call for people’s interest in city greens and other public awareness activities should be promoted.

    Phase III.

    1. The acquisition of information from the implementing agencies and the GIS data update should be a routine process for the BCE.

    2. Using the GIS, the status of greenery must be monitored so that the BCE understands the level of greenery development over all the city and offers suggestions to the implementing agencies: for example which areas of the city should be given priority for greenery development and which types of greenery development should be promoted (e.g. parks for neighbouring citizens or forest plantation for land slide prevention).

    3. In the EIA process, the possible impact on the flora environment must be examined. In cases where development activities are expected to affect trees

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    to a certain extent, they should be conditional on the modification of plans or compensating actions.

    4. Public awareness raising will be further developed by public participation in greenery development through such activities as tree planting at schools by school children and the establishment of Arbour Day.

    b. Monitoring

    The BCE should be record plans and achievements from greenery development implementation agencies and integrate those in the GIS. This should enable the BCE and SCE to monitor the overall changes in greenery resources in the city and consider the next actions required.

    d. Law Enforcement

    By its nature, city tree felling tends to be on a small scale, with many of the perpetrators taking a view that they are felling only a small number of trees. However, the cumulative effect is considerable. In practical terms, catching those responsible “in the act” is not a realistic expectation. However, if the location of trees is established and marked on the GIS, it will be possible to determine where trees have been illegally felled. There should be a presumption of responsibility, whereby the occupier of premises is assumed to be responsible for the felling of trees, unless they can show that the trees were felled by someone else or with appropriate authority.

    The law will need strengthening in order to enable the BCE to restrict development or demand environmentally compensatory measures will be required.

    The best approach will be an educational one - whereby it is understood that ad-hoc felling of trees is neither acceptable nor desirable. Additionally, designating some important trees (or groups of trees) as “trees of special conservation importance” and placing appropriate signboards describing their characters might be a possible approach to encourage preservation.

    7.4.3 Conservation Areas Management

    a. Directions

    a.1 Nature Reserves

    The only nature reserve in Baku, the Gobustan Nature Reserve, has been under the control of Ministry of Culture. This organisation structure should remain, recognising that the value of the reserve is in its cultural importance. The contribution of the BCE will be to keep location data of the reserve in the GIS and to control land use near the area.

    a.2 Sanctuaries